HB3762ham002 104TH GENERAL ASSEMBLY

Rep. Edgar González, Jr.

Filed: 3/13/2026

10400HB3762ham002 LRB104 12261 SPS 34990 a

AMENDMENT TO HOUSE BILL 3762

AMENDMENT NO. ______. Amend House Bill 3762 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Workplace Extreme Temperature Safety Act.

Section 5. Findings. The General Assembly finds and declares:

(a) As the frequency of extreme weather events continues to grow, workers are at an increased risk of serious injury or death. Heat stress or cold stress can occur at temperatures as low as 40 degrees Fahrenheit or as high as 78 degrees Fahrenheit, depending on the working conditions. Unaddressed, heat stress and cold stress can cause a range of serious conditions, including stroke and death if not treated properly. Heat-related injuries and fatalities may be underreported as heat stress exacerbates existing health problems, such as asthma, kidney failure, and heart disease, leading to potential comorbidities being reported. Workers in agriculture and construction are at the highest risk of weather-related injuries, but the problem affects all workers exposed to extreme temperatures, including indoor workers without adequately climate-controlled environments or appropriate personal protective equipment.

(b) From 1979 to 2022, more than 14,000 Americans have died directly from heat-related causes, according to the United States Environmental Protection Agency.

(c) In the absence of a temperature stress standard adopted by the federal Occupational Safety and Health Administration, the Department of Labor should adopt extreme temperature safety standards.

Section 10. Definitions. In this Act:

"Acclimatization" means the body's temporary adaptation to work in heat that occurs as a person is exposed to extreme temperature over a period of 7 to 14 days, depending on the amount of recent work in excessive heat and other factors, and may be lost after 7 consecutive days away from working in the excessive heat.

"Cold stress" means the net heat loss a worker experiences due to the combined effects of metabolic heat production, environmental conditions, and clothing, resulting in a drop in body temperature.

"Cold-related illness" means a medical condition resulting from the body losing heat faster than it can produce heat, creating a risk of severe injury, illness, or death.

"Department" means the Department of Labor.

"Director" means the Director of Labor or the Director's designee.

"Employ" means to suffer or to permit to work, unless an individual:

(1) has been and will continue to be free from control and direction over the performance of the individual's work, both under the individual's contract of service with the employer and in fact;

(2) performs work that is either outside the usual course of business or is performed outside of the places of business of the employer, unless the employer is in the business of contracting with parties for the placement of employees; and

(3) is in an independently established trade, occupation, profession, or business.

"Employee" means any individual employed by an employer. For the purposes of this Act, an individual who has contracted for employment with a day and temporary labor service agency and assigned to a third-party client of the day and temporary labor service agency, as those terms are defined in Section 5 of the Day and Temporary Labor Services Act, is considered an employee of both the day and temporary labor service agency and the third-party client.

"Employer" means any individual, partnership, association, or corporation, the State, a unit of local government, or a school district or any agency, authority, department, bureau, or instrumentality thereof, acting directly or indirectly in the interest of an employer in relation to an employee. "Employer" includes any day and temporary labor service agency and third-party client, as those terms are defined in Section 5 of the Day and Temporary Labor Services Act.

"Engineering controls" means the use of devices to reduce exposure to extreme temperatures. "Engineering controls" includes fans, heating stations, misting stations, and air conditioning. "Engineering controls" does not include wearable items.

"Excessive cold" means conditions where cold temperatures exceed the capacities of the human body to maintain normal functions. "Excessive cold" includes conditions where the temperature, including wind chill, is between 32 and 11 degrees Fahrenheit for outdoor work, at or below 65 degrees Fahrenheit for light indoor work, or at or below 60 degrees Fahrenheit for moderate to heavy indoor work.

"Excessive heat" means conditions where hot temperatures exceed the capacities of the human body to maintain normal functions. "Excessive heat" includes conditions where the wet bulb globe temperature is between 79 and 90 degrees Fahrenheit.

"Extreme cold" means conditions where the temperature, including wind chill, is below 10 degrees Fahrenheit.

"Extreme heat" means conditions where the wet bulb globe temperature equals or exceeds 90 degrees Fahrenheit.

"Heat stress" means the net heat gain a worker experiences due to the combined effects of metabolic heat production, environmental conditions, and clothing, resulting in a rise in body temperature.

"Heat-related illness" means a medical condition resulting from the inability of the body to manage excess heat, including heat rash, heat cramps, heat exhaustion, heat syncope, and heat stroke.

"Heavy personal protective equipment" means specialized safety equipment that significantly restricts heat removal from the body, including, but not limited to, non-breathable clothing, vapor barrier clothing, chemical resistant suits, fire-resistant suits, and welding gear.

"Interested party" means an organization that monitors or is attentive to compliance with public or worker safety or other statutory requirements.

"Non-managerial employee" means an employee who does not have the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, or responsibly direct other employees or adjust employee grievances, or effectively recommend any such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment.

"Occupation" means any occupation, service, trade, business, industry or branch or group of industries, or employment or class of employment, in which employees are employed.

"Occupational safety and health standard" means a rule that requires either: (i) a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or (ii) the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful.

"Personal protective equipment" means specialized clothing, equipment, or devices worn by employees to minimize exposure to temperature-related hazards and protect against temperature-related illness. "Personal protective equipment" includes, but is not limited to:

(1) For heat stress mitigation: cooling vests, moisture-wicking undergarments, light-colored and breathable outer garments, wide-brim hats, and reflective clothing designed to reduce heat absorption and facilitate heat dissipation.

(2) For cold stress mitigation: insulated gloves and mittens, thermal underlayers, windproof and water-resistant outer garments, insulated footwear, face coverings, neck gaiters, and heated or battery-powered warming devices designed to maintain body temperature and prevent cold-related illness.

"Personal protective equipment" does not include standard work clothing or uniforms that are not specifically designed to address temperature-related hazards.

"Process requirement" means a documented operational necessity where maintaining indoor temperatures at or above the excessive cold thresholds or at or below the excessive heat thresholds would fundamentally compromise product safety, product integrity, or equipment function. "Process requirement" does not include cost considerations, production speed preferences, or general business convenience.

"Temperature-related illness" means any heat-related illness or cold-related illness.

"Work site" means any location where an employee performs work for an employer, including, but not limited to, indoor facilities, outdoor locations, construction sites, agricultural fields, warehouses, manufacturing plants, and vehicles used in the course of employment. "Work site" does not include an employee's private residence when the employee works remotely from home.

Section 15. Implementation contingent on appropriation.

(a) The implementation of this Act is contingent on the General Assembly appropriating sufficient funds for the Department to carry out its responsibilities under this Act.

(b) If the General Assembly does not appropriate sufficient funds for the Department to carry out its responsibilities by the dates specified in this Act, then all implementation deadlines under this Act are extended until 6 months after the General Assembly appropriates sufficient funds for the Department to carry out its responsibilities under this Act.

Section 20. Establishment of extreme temperature safety standards.

(a) No later than January 1, 2027, the Director shall adopt rules to establish excessive temperature standards. Beginning on January 1, 2027 and through December 31, 2027, the Department shall provide employers in this State with information about the excessive temperature standards.

(b) Beginning on January 1, 2028, employers in this State shall comply with the excessive temperature standards and the safety standards established under Section 25. If rules are not adopted under this Section before January 1, 2028, the temperature standards are as follows:

(1) Excessive heat standards.

(A) When conditions meet the standard for excessive heat, employers shall:

(i) provide potable drinking water that is cooler than 61 degrees Fahrenheit;

(ii) provide paid rest breaks and access to shade, cool-down areas, or climate-controlled spaces;

(iii) implement the prevention plan requirements required under Section 25;

(iv) provide personal protective equipment for heat stress mitigation; and

(v) monitor environmental conditions and worker physiological status.

(B) When conditions meet the standard for extreme heat, employers shall implement the requirements set forth in subparagraph (A) and:

(i) mandatory cool-down breaks aligned with ACGIH Threshold Limit Values and NIOSH Heat Stress Standards;

(ii) enhanced monitoring frequency;

(iii) work-rest schedules informed by recognized occupational health standards;

(iv) work schedule modifications, task rotation, or work cessation during peak extreme heat periods; and

(v) for work requiring heavy personal protective equipment, adjusted temperature action thresholds accounting for increased heat retention.

(2) Excessive cold standards.

(A) When conditions meet the standard for excessive cold, employers shall:

(i) provide warm, non-caffeinated beverages;

(ii) provide paid rest breaks and access to warming stations sheltered from wind and precipitation;

(iii) implement the prevention plan requirements required under Section 25;

(iv) provide personal protective equipment for cold stress mitigation; and

(v) monitor environmental conditions and worker physiological status.

(B) When conditions meet the standard for extreme cold, employers shall implement the requirements set forth in subparagraph (A) and:

(i) mandatory warm-up breaks aligned with ACGIH Threshold Limit Values and NIOSH Cold Stress Standards;

(ii) enhanced monitoring frequency;

(iii) work-rest schedules informed by recognized occupational health standards;

(iv) enhanced personal protective equipment, including full-body thermal protection and face coverings;

(v) work schedule modifications or task rotation to limit exposure duration; and

(vi) the extreme cold protocols specified in subsection (e) of Section 26.

(3) For work involving heavy personal protective equipment, confined spaces, high radiant heat environments, or rapid temperature transitions, employers shall implement the enhanced protections specified in Section 26.

(4) The standards set forth in this subsection do not apply to incidental temperature exposures as specified in subsection (l) of Section 25.

(5) At work sites where multiple employers' workers are present, the employer requirements under this Section include establishing clear lines of responsibility for temperature-related illness prevention as specified in Section 25.

Section 25. Occupational temperature-related illness and injury prevention plan.

(a) No later than January 1, 2027, the Director shall establish, by rule, an occupational temperature-related illness and injury prevention plan that contains the following:

(1) a standard that establishes temperature hazard levels for employees that, if exceeded, trigger actions by employers to protect employees from temperature-related illness and injury; and

(2) a requirement that, effective January 1, 2028, each employer develop, implement, and maintain a plan to effectively prevent temperature-related illness and injury for its employees.

(b) The occupational temperature-related illness and injury prevention plan shall, to the extent permitted by federal law, be developed and implemented with the participation of employees and employee representatives, including collective bargaining representatives. The plan shall be tailored and specific to the hazards in a place of employment. The plan shall be in writing in both English and in the language that each employee understands, if that language is not English. The plan shall be provided to a new employee no later 30 days after the employee's date of hiring. The plan shall be provided to the Director, employees, and any employee representatives, including collective bargaining representatives, no later than the last business day of May each year and shall be made available at other times of the year upon written request. The Director shall develop a model occupational temperature-related illness and injury prevention plan, consistent with the provisions of this Act, that:

(1) includes model training for employees and supervisors; and

(2) is tailored to the specific hazards in places of employment with high risks of exposure to heat and cold.

An employer may adopt the Director's model occupational temperature-related illness and injury prevention plan, modify that model plan, or develop the employer's own occupational temperature-related illness and injury prevention plan, consistent with the provisions of this Act, including the employee participation requirements.

(b-5) Employers are encouraged to form worker safety committees to oversee implementation of heat and cold illness prevention programs. In workplaces with collective bargaining representatives, the committees shall include union representation.

(c) The occupational temperature-related illness and injury prevention plan described in subsection (a) shall, at a minimum, contain procedures and methods for the following:

(1) regular monitoring for employee exposure to heat or cold to determine whether an employee's exposure has been excessive;

(2) providing potable drinking water that is cooler than 61 degrees Fahrenheit, available immediately and in immediate and safe proximity to heat-impacted employees;

(3) providing heat-impacted employees with paid rest breaks and access to shade, cool-down areas, or climate-controlled spaces;

(4) providing warm, non-caffeinated beverages in immediate and safe proximity to cold-impacted employees;

(5) providing cold-impacted employees with paid rest breaks and access to warming stations sheltered from the wind and any precipitation;

(6) providing an emergency response for any employee who has suffered injury as a result of being exposed to excessive heat or cold;

(7) limiting the length of time an employee may be exposed to heat or cold during the workday;

(8) establishing a worker acclimatization policy conforming with the recommended alert limits as established by "Occupational Exposure to Heat and Hot Environments" published in 2016 by the Department of Health and Human Services;

(9) for outdoor and indoor non-climate-controlled environments, implementing a heat and cold alert system to provide notification to employees when the National Weather Service forecasts that excessive heat or excessive cold is likely to occur in the following days in a locality where an employer has employees, including:

(A) postponing tasks that are non-essential until the excessive temperature condition subsides;

(B) instituting or increasing rest allowances;

(C) reminding workers to drink liquids in small amounts frequently to prevent dehydration; and

(D) to the extent practicable, monitoring the environmental heat index at job sites and resting places;

(10) preventing hazards, including through the use of:

(A) mandatory cool-down breaks aligned with ACGIH Threshold Limit Values and NIOSH Heat Stress Standards;

(B) mandatory warm-up breaks aligned with ACGIH Threshold Limit Values and NIOSH Cold Stress Standards;

(C) engineering controls that include the isolation of hot or cold process requirements, the isolation of employees from sources of heat or cold, local exhaust ventilation, shielding from a radiant heat source or freezers, insulation of hot surfaces, air conditioning, cooling fans, evaporative coolers, and natural ventilation;

(D) administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules, including rotating employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, and changing required work clothing;

(E) personal protective equipment, including water-cooled garments, heated garments, air-cooled garments, reflective clothing, and cooling and heating vests; and

(F) administrative controls on routine temperature variation of more than 50 degrees Fahrenheit between work spaces;

(11) coordinating risk assessment efforts, plan development, and implementation with other employers who have employees who work at the same work site and establishing clear lines of responsibility for temperature-related illness prevention when multiple employers' workers are present;

(12) allowing employees to contact the employer directly and efficiently to communicate if the employee feels like the employee is suffering from an extreme temperature-related illness;

(13) establishing clear guidelines on the duration and frequency of rest breaks based on temperature conditions, work intensity, and use of heavy personal protective equipment, with the guidelines informed by recognized standards, including ACGIH Threshold Limit Values and NIOSH guidance where applicable;

(14) encouraging the provision and use of temperature-appropriate personal protective equipment, including, but not limited to, cooling vests, wide-brim hats, moisture-wicking clothing, and light-colored garments for heat stress mitigation, and insulated gloves, windproof layering, and heated devices for cold stress mitigation;

(15) using advanced monitoring technologies, if possible, to assess environmental conditions, including, but not limited to, fixed-location temperature monitors, automatic cooling or heating systems triggered by real-time temperature readings, wearable heat stress monitors, automated heating or cooling systems, and any other relevant technological safety innovations that may arise in the future; and

(16) provide considerations for specialized work environments, including industry-specific personal protective equipment standards and tailored protections for specialized work environments including, but not limited to, pipelines, ventilation systems, and tunnels.

If employers use wearable physiological monitors as described in paragraph (15), the use shall: (i) be voluntary for employees; (ii) comply with all applicable privacy and health information laws; (iii) include written policies ensuring that health data will not be used for adverse employment actions; and (iv) provide data access to the monitored employee.

(c-5) Employers may not require employees to purchase, provide, or maintain personal protective equipment as a condition of employment.

(d) The occupational temperature-related illness and injury prevention plan shall contain, at a minimum, annual training and education, including training and education concerning the following:

(1) the identification of extreme temperature-related illness risk factors;

(2) personal factors that may increase susceptibility to temperature-related illness;

(3) signs and symptoms of temperature-related illness;

(4) different types of temperature-related illness;

(5) the importance of consuming fluids;

(6) available engineering control measures;

(7) administrative control measures;

(8) the importance of reporting temperature-related symptoms;

(9) recordkeeping requirements and reporting procedures;

(10) emergency response procedures, including on-site first-aid protocols for temperature-related emergencies, including:

(A) for heat stroke: immediate cooling methods, including cold water immersion, ice packs to neck, armpits or groin, misting and fanning, cool-first before transport, and continuous monitoring;

(B) for hypothermia: gradual warming methods, removal of wet clothing, insulation from cold surfaces, warm non-alcoholic beverages if alert, and avoiding direct heat sources;

(C) for frostbite: protection of affected area without rewarming, avoiding pressure or friction on frostbitten tissue, and seeking immediate medical attention; and

(D) for trench foot: immediate removal of wet footwear, thorough drying of feet, elevation, and avoidance of walking on affected feet; and

(11) rights granted under this Act.

(e) The occupational temperature-related illness and injury prevention plan shall contain, at a minimum, special training and education for employees who are supervisors, in a language that each supervisor understands, in addition to the training and education provided to all employees under subsection (d), that shall include:

(1) procedures a supervisor shall follow with respect to the prevention of employee exposure to excessive temperatures;

(2) strategies to recognize high-risk situations, including procedures to monitor weather reports and weather advisories, to assess the risk of assigning an employee to a situation that could predictably compromise the safety of the employee, and to initially and regularly monitor for employee exposure to heat or cold to determine whether an employee's exposure has been excessive;

(3) emergency response procedures if an employee exhibits signs or reports symptoms consistent with temperature-related illnesses, including:

(A) for heat-related illness: heat rash, heat cramps, heat exhaustion, heat syncope, and heat stroke, with emphasis on progressive symptoms and recognizing when sweating stops as a danger sign;

(B) for cold-related illness: hypothermia, frostbite, trench foot, and chilblains, with emphasis on recognizing hypothermia progression, especially when shivering stops, frostbite symptoms, including numbness and white or gray skin, and that trench foot can occur at temperatures as high as 60 degrees Fahrenheit if conditions are wet; and

(C) recognition that victims of hypothermia or heat stroke may not be aware of their own symptoms, emphasizing the critical importance of co-worker monitoring and the buddy system; and

(4) different types of temperature-related illness, including the distinction between conditions treatable on-site, such as heat exhaustion, heat cramps, or frostnip, and medical emergencies requiring immediate professional intervention, such as heat stroke, severe hypothermia, or severe frostbite;

(f) The occupational temperature-related illness and injury prevention plan shall require that the education and training:

(1) be provided by an employer for each new employee before starting a job assignment;

(2) allow employees opportunities to ask questions, provide feedback, and request additional instruction, clarification, or follow-up;

(3) be provided by an individual with knowledge of temperature-related illness prevention and the plan of the employer;

(4) be appropriate in content and commensurate to the language, education level, and literacy of each employee;

(5) be conducted during paid working hours and at no cost to the employee; and

(6) be delivered in-person or through interactive methods that allow for real-time questions and feedback.

(g) An employer shall maintain the following:

(1) records related to the temperature-related illness and injury prevention plan, including temperature-related illness risk and hazard assessments and identification, evaluation, correction, and training procedures;

(2) data on all temperature-related illnesses, injuries, and fatalities that have occurred at the place of employment, including, but not limited to, the type of temperature-related illness or injury experienced and symptoms experienced, the cause of death, the time at which manifestation of illness, injury, or death occurred, environmental measures, including temperature and humidity levels, at time of manifestation of illness, injury, or death, a description of the location where the manifestation of illness, injury, or death occurred; and

(3) data concerning environmental and physiological measurements related to heat.

(h) An employer shall make the records and data available, on request, for examination and copying at no cost, to an employee, an employee's authorized representatives, including collective bargaining representatives, and to the Director. The employer shall preserve the records and data for a minimum of 5 years after the records or data are created.

(i) Employers shall comply with the provisions of the heat stress and cold stress standards in accordance with this Section no later than 60 days after the rules containing the heat stress standard are adopted.

(k) This Act does not apply to any employees directly involved in the protection of life or property, including, but not limited to, lifeguards during active rescue operations, firefighters during fire suppression or rescue operations, paramedics during emergency medical response, law enforcement personnel during emergency response to active threats, and employees engaged in the emergency restoration of essential infrastructure and services, including roads, bridges, utilities, and communications. This subsection applies during the period of active emergency response and does not exempt routine operations, training, maintenance, or non-emergency duties.

(l) This Act does not apply to incidental temperature exposures where an employee is exposed to:

(1) conditions that meet the standard for excessive heat, but not extreme heat, for less than 15 minutes in any 120-minute period; or

(2) conditions that meet the standard for excessive cold, but not extreme cold, for less than 15 minutes in any 60-minute period.

This subsection does not apply if employees are required to perform high-intensity work, wear heavy personal protective equipment, or work in confined spaces during exposures.

Section 26. Specialized work environments.

(a) The Director shall establish, by rule, detailed standards for temperature stress prevention in specialized work environments where workers face elevated risks, including, but not limited to:

(1) work requiring heavy personal protective equipment;

(2) confined spaces with restricted air circulation, including pipelines, boiler rooms, tunnels, and similar enclosures;

(3) high radiant heat environments; and

(4) work sites where rapid temperature transitions occur.

(b) If employees are required to wear heavy personal protective equipment, employers shall implement enhanced protections, which may include:

(1) adjusting temperature action thresholds to account for increased heat retention or cold exposure;

(2) increasing the frequency and duration of rest breaks;

(3) providing additional hydration or warming resources; and

(4) monitoring environmental conditions more frequently.

Employees wearing heavy personal protective equipment shall be permitted to temporarily remove the equipment during preventative rest breaks and the time required for removing and putting on the equipment shall not count against the duration of the rest break.

(c) For work in confined spaces where air circulation is restricted, employers shall provide enhanced safety precautions, including:

(1) continuous or frequent environmental monitoring;

(2) mechanical ventilation where feasible;

(3) modified work-rest schedules appropriate to the space; and

(4) emergency extraction and response protocols.

(d) Employers shall ensure that all work sites, including those in remote or temporary locations, have appropriate emergency medical response protocols in place before work begins.

(e) For work conducted in extreme cold:

(1) Employers shall implement extreme cold work schedule modifications, which may include:

(A) shortened work shifts with reduced maximum continuous outdoor exposure periods;

(B) mandatory task rotation to limit individual worker exposure to extreme cold conditions;

(C) increased frequency and duration of warm-up breaks; or

(D) temporary work cessation until conditions improve, except where work is necessary for active emergency response as specified in subsection (k) of Section 25 or for the protection of critical infrastructure.

(2) The Director shall establish, by rule, specific work-rest schedules and maximum exposure durations for extreme cold conditions, taking into account:

(A) work intensity levels;

(B) personal protective equipment requirements and capabilities;

(C) wind chill values and wind speeds;

(D) availability of warming stations and shelters;

(E) employee acclimatization status; and

(F) ACGIH Threshold Limit Values and NIOSH Cold Stress Standards.

(3) Employers shall provide enhanced extreme cold protections, including:

(A) continuous environmental monitoring of wind chill and temperature;

(B) physiological monitoring of workers for signs of cold stress, hypothermia, or frostbite;

(C) full-body thermal protective equipment as defined in Section 10, including insulated face coverings and windproof outer layers;

(D) immediate access to warming stations with adequate heating capacity;

(E) non-caffeinated heated beverages and warm, nutritious food options;

(F) emergency medical protocols specifically addressing hypothermia and frostbite; and

(G) buddy system or regular check-ins for workers in extreme cold conditions.

(4) For workers wearing heavy personal protective equipment, employers shall implement additional accommodations to address both cold exposure and the physical demands of wearing the equipment.

Section 27. Employer support and resources.

(a) The Department shall develop and make publicly available educational materials, model prevention plans, and training resources to assist employers in complying with this Act. The materials shall be tailored to different industry sectors and shall be available in multiple languages. Materials and guidance should reference established standards, including ACGIH Threshold Limit Values and NIOSH guidance where appropriate.

(b) The Department shall develop industry-specific compliance guidance for sectors with unique temperature-related hazards, including, but not limited to, construction, manufacturing, agriculture, and pipeline work.

Section 30. Retaliation.

(a) It is a violation of this Act for an employer, or any agent of an employer, to retaliate against an employee by terminating the employment, disciplining, or taking any other adverse action against any employee for exercising any right under this Act. There shall be a rebuttable presumption of unlawful retaliation under this Section if an employer takes an adverse action against an employee within 90 days after the employee exercises the employee's rights under this Act.

(b) It is a violation of this Act for an employer to retaliate or take adverse action against an employee if the employee:

(1) makes a complaint or threatens to make a complaint to an employer, to a co-worker, to a community organization, before a public hearing, or to a State or federal agency that rights under this Act have been violated;

(2) seeks assistance or intervention with respect to temperature-related health symptoms from, the employer, local emergency services, the federal government, the State, or a unit of local government;

(3) refuses to work if the employee reasonably believes:

(A) that an employer has not met the minimum requirements under this Act to prevent illness and injury; or

(B) that performing the required work in extreme temperature conditions may result in illness or injury;

(4) participates in or attempts to participate in a worker safety committee;

(5) uses or attempts to use wearable heat stress monitors;

(6) institutes any proceeding under or related to this Act; or

(7) testifies or prepares to testify in an investigation or proceeding under this Act.

Section 35. Violations. The Department, or the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act, may issue a temporary emergency cease and desist order to halt any conduct of the employer that is warranted by public health and safety concerns or violates this Act. The Attorney General shall seek a court order extending any emergency cease and desist order to halt any conduct of the employer that is warranted by the public health and safety concerns described in this Act as soon as practicable. Before issuing a cease and desist order authorized under this Section, the Attorney General shall provide notice to the Director.

Section 40. Penalties.

(a) An employer who violates any provision of this Act or any rule adopted under this Act shall be subject to a civil penalty of not less than $100 and not more than $5,000 for each violation found in an initial investigation by the Department or determined by a circuit court in a civil action brought either by an interested party or by the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act.

(b) An employer found by the Department or a circuit court to have committed a subsequent violation of this Act within 3 years after the first finding shall be subject to a civil penalty of not less than $250 and not more than $15,000 for the violation.

(b-5) For purposes of this Section, each violation of this Act for each employee and for each day the violation continues shall constitute a separate and distinct violation. Any penalty assessed under this Act against a corporation, partnership, limited liability company, or sole proprietorship shall be effective against any successor entity that: (i) is engaged in the same or equivalent trade or activity; and (ii) has one or more of the same principals or officers, as the corporation, partnership, limited liability company, or sole proprietorship against which the penalty was assessed. In determining the appropriateness of a penalty against an employer, the Director or circuit court shall consider factors such as the history of violations by the employer, the seriousness of the violation, the good faith of the employer, and the size of the employer's business. The amount of the penalty may be: (i) recovered in a civil action brought by the Director in any circuit court, represented by the Attorney General; or (ii) ordered by the court, in an action brought by any party, including the Attorney General, for a violation of this Act.

(c) For any violation determined by the Department or circuit court to be willful that occurs within 3 years of an earlier violation, employers shall be subject to civil penalties up to double the amounts specified in subsections (a) and (b).

(d)(1) In any enforcement action under this Act where no employee suffered injury or illness, an employer may assert as an affirmative defense that:

(A) the employer was making good faith efforts to comply with the requirements of this Act;

(B) the violation was minor, technical, or inadvertent in nature;

(C) the employer had implemented and was maintaining a temperature-related illness and injury prevention plan as required under Section 25;

(D) the employer promptly corrected the violation upon discovery or notification; and

(E) the employer has no history of repeated or willful violations of this Act.

(2) If an employer successfully establishes each element of the affirmative defense under paragraph (1), the Director may:

(A) issue a warning instead of a civil penalty;

(B) reduce the civil penalty to a nominal amount; or

(C) require corrective action with a reasonable compliance period instead of an immediate civil penalty.

(3) The defense provided under this subsection does not apply to:

(A) violations that result in employee injury, illness, or death;

(B) willful or repeated violations;

(C) violations involving failure to implement any temperature-related illness and injury prevention plan;

(D) a violation of Section 30; or

(E) situations where the employer failed to correct a violation after receiving notice from the Department.

(4) The burden of proving a defense under this subsection rests with the employer.

Section 45. Enforcement.

(a) The Department shall enforce the provisions of this Act when, in the Department's judgment, there is cause and there are sufficient resources for investigation. The Department shall have the authority to conduct investigations in connection with the administration and enforcement of this Act. The Director or the Director's designee may:

(1) enter and inspect the place of business of any employer for the purpose of examining and inspecting the employer's physical workplace;

(2) inspect or copy any records of the employer that relate in any way to or have a bearing upon the question of compliance with this Act;

(3) question any employee outside the presence of the employer or any employer representative;

(4) access relevant records and work sites where employees are exposed to extreme temperatures, including sites with varying employer arrangements;

(5) conduct any tests at the employer's place of business to determine if this Act has been violated; and

(6) require any employer to submit written statements, including sworn statements, relating to compliance with this Act as the Director may deem necessary or appropriate.

(b) A representative of the employer and a non-managerial representative of the employees shall be given an opportunity to accompany the Department during the physical inspection of any workplace for the purpose of aiding the inspection.

The Department may permit additional representatives of the employer and non-managerial representatives of the employees to be present during the inspection if the Department determines that the additional representatives will aid the inspection. A different employer and non-managerial employee representative may be present during each phase of the inspection if doing so does not interfere with the inspection.

The Department may resolve all disputes as to who shall be the representative of the employer and the non-managerial representative of the employees for purposes of this Act. If there is no authorized representative of employees, or if the Department is unable to determine with reasonable certainty who the representative of the employees is, the Department shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

The representative of the employees may be an employee of the employer or a third party. When the representative of the employees is not an employee of the same employer, the representative of the employees may be present during the inspection if, in the judgment of the Department, good cause has been shown why a third party is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace.

The Department may deny the right to be present during an inspection to any person whose conduct interferes with a fair and orderly inspection.

(c) The Director may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation or hearing and may administer oaths to witnesses.

(d) The Department shall conduct hearings in accordance with the Illinois Administrative Procedure Act upon written complaint by an investigator of the Department or any interested party of a violation of this Act. After the hearing, if supported by the evidence, the Department may:

(1) issue and cause to be served on any party an order to cease and desist from further violation of this Act;

(2) take affirmative or other action as deemed reasonable to eliminate the effect of the violation; and

(3) determine the amount of any civil penalty allowed by this Act.

(e) If an employee or interested party complaint is the basis for an investigation or inspection conducted by the Director, the identity of the employee or interested party that made the complaint shall be treated as confidential unless the complainant consents to disclosure of the complainant's identity.

(f) If the Director investigates, then the Director shall provide a written report to the complainant within a reasonable time after the investigation has concluded.

Section 50. Review under Administrative Review Law. Any party to a proceeding under this Act may apply for and obtain judicial review of an order of the Department entered under this Act in accordance with the provisions of the Administrative Review Law and the Department in proceedings under this Act may obtain an order from the court for the enforcement of its order.

Section 55. Contempt. If it appears that an employer has violated a valid order of the Department issued under this Act, then the Director may commence an action and obtain from the court an order commanding the employer to obey the order of the Department or be adjudged guilty of contempt of court and punished accordingly.

Section 60. Action for civil enforcement by an interested party.

(a) Upon a reasonable belief that an employer covered by this Act is in violation of any part of this Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to the action resides, asserting that a violation of this Act has occurred, pursuant to the following sequence of events:

(1) The interested party submits to the Department a complaint describing the violation and naming the employer alleged to have violated this Act.

(2) The Department sends notice of the complaint to the named parties alleged to have violated this Act and any interested party.

(3) The named party may either contest the alleged violation or attempt to cure the alleged violation within 30 days after the receipt of the notice of the complaint. If the named party does not respond within 30 days after the receipt of the notice of the complaint, the Department shall issue a notice of the right to sue to the interested party as described in paragraph (4).

(4) The Department issues a notice of the right to sue to the interested party, if one or more of the following has occurred:

(A) the named party has not cured the alleged violation to the satisfaction of the Director;

(B) the Director has determined that the allegation is unjustified or that the Department does not have jurisdiction over the matter or the parties; or

(C) the Director has determined that the allegation is justified or has not made a determination, and either has decided not to exercise jurisdiction over the matter or has concluded administrative enforcement of the matter.

(b) If, within 180 days after service of the notice of the complaint to the parties, the Department has not (i) resolved the contest and cure period, (ii) with the mutual agreement of the parties, extended the time for the named party to cure the violation and resolve the complaint, or (iii) issued a right to sue letter, the interested party may initiate a civil action for penalties. The parties may extend the 180-day period by mutual agreement. The limitations period for the interested party to bring an action for the alleged violation of the Act shall be tolled for the 180-day period and for the period of any mutually agreed extensions. At the end of the 180-day period or any mutually agreed extensions, the Department shall issue a right to sue letter to the interested party.

(c) Upon receipt of a right to sue letter from the Department, an interested party may bring a civil action, in the name of the State or for the benefit of any impacted employee, in the county where the alleged offenses occurred or where any party to the action resides. If the civil action is brought in the name of the State:

(1) No later than 30 days after filing the action, the interested party shall serve upon the State through the Attorney General a copy of the complaint and written disclosure of substantially all material evidence and information the interested party possesses.

(2) The State may elect to intervene and proceed with the action no later than 60 days after it receives both the complaint and the material evidence and information. The State may, for good cause shown, move the court for an extension of the time to intervene and proceed with the action.

(3) Before the expiration of the 60-day period or any extensions under subparagraph (2), the State shall:

(A) proceed with the action, in which case the action shall be conducted by the State; or

(B) notify the court that it declines to take the action, in which case the interested party bringing the action shall have the right to conduct the action.

(4) When the State conducts the action, the interested party shall have the right to continue as a party to the action subject to the following limitations:

(A) the State may dismiss the action notwithstanding the objections of the interested party initiating the action if the interested party has been notified by the State of the filing of the motion and the court has provided the interested party with an opportunity for a hearing on the motion; and

(B) the State may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.

(5) If an interested party brings an action under this Section, no person other than the State may intervene or bring a related action on behalf of the State based on the facts underlying the pending action.

(6) An action brought in court by an interested party under this Section may be dismissed if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.

(d) Any claim or action filed by an interested party under this Section shall be made no later than 3 years after the alleged conduct resulting in the complaint, plus any period for which the limitations period has been tolled.

(e) In an action brought by an interested party under this Section, an interested party may recover against the covered entity any statutory penalties set forth in Section 40, injunctive relief, and any other relief available to the Department. An interested party who prevails in a civil action shall receive 10% of any statutory penalties assessed, plus any attorney's fees and costs. The remaining 90% of any statutory penalties assessed shall be deposited into a special fund of the Department for enforcement of this Act.

Section 65. Private right of action.

(a) An employee aggrieved by any violation of this Act or any rule adopted under this Act may file suit in circuit court, in the county where the alleged offense occurred or where any employee who is party to the civil action resides, without regard to exhaustion of any alternative administrative remedies provided in this Act. A civil action may be brought by one or more employees for and on behalf of themselves and other employees similarly situated. An employee whose rights have been violated under this Act by an employer is entitled to collect:

(1) in the case of a notice violation, statutory damages in an amount of not less than $50 and not more than $500 for the violation of this Act;

(2) in the case of a health and safety violation, in addition to all other relief available for injury, compensatory damages and an amount of statutory damages of not less than $50 and not more than $500 for each violation of this Act;

(3) in the case of unlawful retaliation, all relief necessary to make the employee whole, including, but not limited to:

(A) permanent or preliminary injunctive relief;

(B) reinstatement with the same seniority status that the employee would have had, but for the violation;

(C) back pay, with interest of 9% per annum for no more than 90 calendar days after the date the complaint is filed, and front pay;

(D) liquidated damages of up to $10,000;

(E) compensation for any costs incurred as a result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees; and

(F) a civil penalty of $10,000, payable to the employee.

(b) The right of an aggrieved employee to bring an action under this Section terminates 3 years after the date of the violation. This limitations period is tolled if an employer or prospective employer has failed to provide an employee or prospective employer information required under this Act or has deterred an employee or prospective employee from the exercise of rights under this Act.

(c) Nothing in this Section shall be construed to limit an employee's rights to bring an action for injury through a tort action, workers compensation, union grievance procedure, or any other legal avenue available to an employee.

Section 70. No diminution of obligations.

(a) No provision of this Act or any rules adopted under this Act shall be construed as:

(1) requiring an employer to diminish or reduce protections that are provided by the employer under an employer policy or collective bargaining agreement and that either are more favorable to employee safety than the protections required by this Act or provide rights or benefits to employees not provided by this Act;

(2) prohibiting an employer from agreeing to provide under an employer policy or collective bargaining agreement protections that are more favorable to employees than the protections required by this Act or prohibiting an employer from agreeing to provide rights or benefits to employees not provided by this Act; or

(3) superseding any law providing collective bargaining rights for employees or in any way reducing, diminishing, or adversely affecting those collective bargaining rights or the obligations of employers under any law.

(b) To the extent any federal temperature safety law, rule, or regulation is more favorable to employees than any requirement of this Act, the Director shall update the extreme temperature safety standard rules adopted under this Act to align with the federal standard.

Section 97. Severability. Should one or more of the provisions of this Act be held invalid, the invalidity shall not affect any of the valid provisions hereof.

Section 99. Effective date. This Act takes effect upon becoming law.".